[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53666-53668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21175]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0252]
RIN 1625-AA09


Drawbridge Operation Regulation; Wolf River, Gills Landing and 
Winneconne, WI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the operating schedule that 
governs the Winneconne Highway Bridge at Mile 2.4, and the Canadian 
National Railroad Bridge at mile 27.8, both over the Wolf River. A 
review of the current regulation was requested by the Wisconsin 
Department of Transportation (WDOT) and the Canadian National Railroad.

DATES: This rule is effective on September 30, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0252. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast 
Guard District; telephone (216) 902-6085, email [email protected]. 
If you have questions on viewing the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On May 10, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Wolf River, Gills 
Landing and Winneconne, WI'' in the Federal Register (78 FR 27336). We 
did not receive any comments on the proposed rule. No public meeting 
was requested, and none was held.

B. Basis and Purpose

    The Wolf River extends from its head of navigation in New London, 
WI and travels south to Winneconne, WI where it confluences with the 
Upper Fox River. The Wolf River has two drawbridges over the waterway. 
The Winneconne Highway Bridge at mile 2.4 is a bascule bridge that 
provides 70 feet horizontal clearance, 7 feet vertical clearance in the 
closed position, and an unlimited vertical clearance in the open 
position. The Canadian National Railroad Bridge at Mile 27.8 is a 
former swing bridge that was converted to a vertical lift bridge in 
2012 that provides 56 feet horizontal clearance, 7 feet vertical 
clearance in the closed position, and a vertical clearance of 16 feet 
in the raised position. Marine traffic on the waterway consists of 
small commercial vessels, and both power and sail recreational vessels. 
The existing drawbridge regulation for Wolf River, 33 CFR 117.1107, 
includes only the Winneconne Highway Drawbridge and requires the bridge 
to open on signal; except from 11 p.m. to 7 a.m., between May 1 and 
October 31, the bridge will open if at least two hours advance notice 
is provided, and from November 1 through April 30, the bridge will open 
if at least 12-hours advance notice is provided. The Coast Guard has 
been advised of updated navigation needs on Wolf River, including 
reports there has been an increase in recreational vessel usage of the 
waterway due to improvements to the lock system, dredging projects, and 
restored drawbridges over the Fox River that connect directly with the 
Wolf River. This rule will establish consistent operating schedules 
that will meet the needs of current and future navigation on the Wolf 
River and provide consistency in regulations for the rest of the 
connecting waterways.

C. Discussion of Comments, Changes and the Final Rule

    The existing regulation for Wolf River (33 CFR 117.1107) addresses 
only one of the two drawbridges over Wolf River, and has not been 
revised since the overall recodification of federal drawbridge 
regulations in 1984.
    This rule was developed in conjunction with locally applied bridge 
schedules implemented by WDOT and Fox River Valley Navigation Authority 
for the past 10 to 15 years. These agencies, along with Canadian 
National Railroad, have reviewed and approved this rule.
    The current regulation does not include the Canadian National 
Railroad Bridge. The Canadian National Railroad Bridge is in a remote 
location and the only access to the bridge by the drawtender is by 
boat. Bridge logs were not available for review. The Coast Guard has 
coordinated with local stakeholders and the Fox River Valley Navigation 
Authority and determined a 6-hour advance notice for the Canadian 
National Railroad Bridge from April 20 to October 15 would meet the 
needs of current navigation. A 12-hour advance notice from October 16 
to April 19 would be required for openings.
    Currently, the Winneconne Bridge opens on signal between the hours 
of 7 a.m. and 11 p.m., daily, and requires a 2-hour advance notice of 
arrival for openings from May 1 to October 31

[[Page 53667]]

between the hours of 11 p.m. to 7 a.m., daily. From November 1 to April 
30 mariners are required to provide a 12-hour advance notice for 
openings. WDOT has operated the Winneconne Highway Bridge during the 
navigation season in recent years from April 20 to October 7, with 2-
hours advance notice between midnight and 8 a.m. Slight adjustments to 
this schedule were made in the development of this rule. Bridge 
openings will occur on signal from April 20 through October 15, except 
from midnight to 8 a.m. when 2-hours advance notice is required for 
openings, and from October 16 through April 19 if a 12-hour advance 
notice is received. No comments were received to the NPRM and this 
final rule adopts the proposed rule without changes.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. This rule incorporates the 
locally applied bridge schedules that have been employed in recent 
years, with only small variations. The schedule was reviewed and 
approved by the bridge owners and representatives of local boating 
organizations. This rule is expected to improve access to the waterway 
and establish operating regulations that meet the needs of the boating 
public in an easy to read language.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard did not receive any comments from the Small 
Business Administration on this rule. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities. This rule would 
affect the following entities, some of which might be small entities: 
the owners or operators of vessels needing to transit the Winneconne 
Bridge from midnight to 8 a.m. will need to provide a 2-hour advance 
notice of arrival for bridge openings, and at all hours a 6-hour 
advance notice for openings at the Canadian National Railroad Bridge. 
These operating hours would affect both drawbridges throughout the 
boating season from April 20 to October 15. Impacts to small entities 
are not expected to be significant as these schedules have effectively 
been in place for numerous years and are accepted by local vessel 
operators. During the winter when the waterway is typically ice 
covered, mariners will be required to provide a 12-hour advance notice 
for openings for both bridges, as applicable.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the

[[Page 53668]]

Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule revises existing operating regulations or 
procedures for drawbridges. This rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.1107 to read as follows:


Sec.  117.1107  Wolf River.

    (a) The draw of the Winneconne Highway bridge, mile 2.4 at 
Winneconne, shall open on signal; except that, between the hours of 
midnight and 8 a.m., from April 20 through October 15, at least 2-hours 
of advance notice is required, and from October 16 through April 19, at 
least 12-hours of advance notice is required. Advance notice shall be 
provided to the Winnebago County Highway Department.
    (b) The draw of the Canadian National Railroad Bridge, mile 27.8 at 
Gill's Landing, shall open on signal if at least 6-hours advance notice 
is provided from April 20 through October 15, and if at least 12-hours 
advance notice is provided from October 16 through April 19.

    Dated: August 16, 2013.
F.M. Midgette,
Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2013-21175 Filed 8-29-13; 8:45 am]
BILLING CODE 9110-04-P